held; I believe we shall gain time and get along spend a week or two, or a month or two at Sarabetter with the business of the Convention by toga if I had nothing else to do and plenty of letting this lie over to another day; I therefore move that this resolution lie upon the table. The question was then put upon the motion of Mr. A. J. Parker, and declared to be carried. Mr. DEVELIN moved to take up the motion to reconsider the vote by which the resolution appointing a committee to consider the expediency of adjourning to Saratoga or New York was indefinitely postponed. The SECRETARY proceeded to read the resolution, as follows: Resolved, That a committee of one from each judicial district be appointed by the Chair to inquire and report upon the expediency of adjourning this Convention to Saratoga or the city of New York. money to pay expenses, but I do not believe that it is either proper or right for me to convert a public office and a public duty into a matter of pleasure and enjoyment, as though I had been elected for that instead of labor. Now, sir, if gentlemen were aware of the opinion of the people of the country in regard to this proposition, and if they knew of the result to be produced, the effect upon any Constitution which they might adopt, they would hardly make the proposition to go there, and I am satisfied that no proposition of that kind can be carried in this Convention. Why, sir, it would condemn and defeat any Constitution that could be made in this Convention. The very fact that we deserted the Capitol and ran away upon a visiting and summer excursion, would be in the public judgment of the people in the country-I can't say what it would be in the cities-but in the country it would be that we had ceased to be a delegated Convention for the purpose of making a Constitution and had been converted into an entirely different body. Now, sir, I did not rise to debate the question or say a word about it. I rose for the purpose of making a motion, and that motion is to lay this whole subject upon the table, and upon that I demand the ayes and noes. A sufficient number seconding the call, the ayes and noes were ordered. The question was then put upon the motion of Mr. Rathbun, and the Secretary proceeded with the call, and upon Mr. Reynolds' name being called Mr. REYNOLDS-Is it in order for me to explain my vote? Mr. OPDYKE-It seems to me that the resotion is a very proper one. It is known that the framers of the law under which we assemble, with a proper consideration for the health and comfort of the members of this Convention, gave them the option after their first organization, to select the place of holding their sessions. It is known I presume, to every member of the Convention that the proprietors of the Union Hotel at Saratoga tendered us the free use of a building suitable for our purposes and properly fitted up for our accommodation. It seems to me that it is due to the liberality of that offer that this committee be at least appointed to make inquiry and report to this Convention, and if there are found to be no objections to making the change I am free to say that I for one will be in favor of making it. There is no doubt that Saratoga is cooler and more healthful than this city, or any other at which we could meet: The PRESIDENT-The Chair is of the opinion they are supplied there with excellent that the gentleman can only ask to be excused water for general use, and their mineral springs and can give his reasons for it. Does the gentleare fountains of health of which we may all par- man ask to be excused? take. I believe that the physical and mental stamina of the members of this Convention would be so far increased by the change that we should be able to hold two sessions with less exhaustion than we can here hold one. But the question of making the change is not now before the Convention; it is a preliminary question of inquiry, and a vote in favor of the committee will not be a vote on the subject to which it refers. I trust from the considerations which I have presented and from courtesy to the liberality of the offer that has been made, that the committee will at least be appointed and permitted to make the inquiry. Mr. REYNOLDS-I ask to be excused from voting. When this question was up before, I voted in favor of laying the resolution on the table. It was, as I understood it, for the appointment of a committee to visit Saratoga to inquire into the expediency of adjourning the Convention to that place; the resolution was then postponed, and it subsequently came to my knowledge that the gentleman who moved the resolution had some feeling upon the refusal of the Convention to appoint a committee. After some conversation with him, I felt that perhaps he might be right, and I ought to have voted in favor of granting him a committee, though I am opposed to the proposition for going to Saratoga, and I told him if the vote was reconsidered, I would vote in favor of giving him the committee, so that I vote "no" upon the motion now, though I should vote against the proposition to go to Saratoga if it should come up. Mr. RATHBUN-I hope this vote will not be reconsidered. It seems to me that we could hardly be guilty of a greater impropriety than to take up and consider it and finally to be led away on this excursion up to Saratoga. We were not elected, if I remember right, to visit summer resorts or places of amusement or pleasure; we were The PRESIDENT-The Chair is of the opinion elected for the purpose of performing a duty, and that the gentleman cannot now vote, without the the ordinary and the regular place for the perform-consent of the Convention. If there is no objecance of that duty is where the conveniences re- tion the gentleman can vote. sulting from the library, the departments, the Objection being made the Secretary proceeded public printing, and the center of travel calls the with the call. Convention and the legislative bodies of the Mr. HATCH-I do not undertsand that the State. I should like very much, individually, to 'gentleman from Monroe [Mr. Reynolds] has been excused, if not, he is entitled to vote now unless | for by the newspapers, and by circulars we have the Convention shall excuse him. The PRESIDENT- The Chair holds that the gentleman cannot withdraw his request, without the consent of the Convention. Mr. HATCH-The Convention has not passed upon the question of excusing him, perhaps the Convention are opposed to excusing him. The PRESIDENT -- The Chair is of the opinion, that the gentleman cannot vote without the consent of the Convention. Mr. DEVELIN - As I understand it sir, the gentleman from Monroe [Mr. Reynolds], requested that he should be excused from voting, but the Convention has not passed upon that request at all; and ho is entitled to vote or else the Convention must refuse him the privilege of voting. The PRESIDENT- The Chair will put the question upon excusing the gentleman, to the Convention. The question was then put on excusing Mr. Reynolds and it was declared to be not granted. The SECRETARY proceed to finish the call, and the, motion to lay on the table was declared to be lost by the following vote: Ayes-Messrs. A. F. Allen, C. L. Allen, N. M. Allen, Andrews, Axtell, Barker, Barnard, Bell, Bickford, E. A. Brown, Carpenter, Case, Cassidy, Church, Cooke, Corbett, Corning, Curtis, Duganne, C. C. Dwight, T. W. Dwight, Ferry, Fowler, Francis, Fuller, Gould, Greeley, Gross, Hadley, Hale, Hammond, Hand, Harris, Hitchcock, Houston, Hutchins, Kernan, Kinney, Krum, Lapham, Law, Ludington, Merrill, Merritt, Merwin, Morris, Murphy, Paige, A. J. Parker, C. E. Parker, President, Rathbun, Root, Roy, Rumsey, L. W. Russell, Schell, Schoonmaker, Seaver, Silvester, Smith, Strong, Tilden, M. I. Townsend, Van Campen, Wales, Wickham-67. been informed of the facilities that exist at that place. Why then appoint this committee? Mr. DEVELIN-I rise to a point of order, that on a motion to reconsider, the gentleman cannot discuss the merits of the resolution. The PRESIDENT- The gentleman will proceed in order. Mr. MERRITT-I say I am not willing, in the case of people who may be interested in this change, in a pecuniary way or otherwise, that they should have the advantage of a report from a committee of this body Mr. DEVELIN-I rise to a point of order. Mr. MERRITT-I think that in voting to raise this committee, we are voting practically upon the resolution itself, and there can be no courtesy or discourtesy about it. This has been considered and discussed somewhat in the early part of the session, and we were told that we were going to suffer great inconvenience by staying here, that our health would be endangered, but that prophecy has not been fulfilled yet, and we have suffered no inconvenience whatever from the temperature. It has undoubtedly been observed by those who have taken an interest in the degrees of temperature during the heated term, that there is no material difference between Albany, Saratoga, Ogdensburgh and Montreal, so that in that respect it will make but very little difference. It is possible there may be some surroundings about Saratoga which may make it more pleasant and agreeable for gentlemen of the Convention, but I am clearly of the opinion, if we change from Albany to Saratoga, that the inconvenience of getting there, Noes-Messrs. Alvord, Baker, Ballard, Barto, attending sessions and procuring the proper printBeadle, Beckwith, E. Brooks, E. P. Brooks, W. C.ing, and the difficulty of getting information Brown, Burrill, Champlain, Cheritree, Chesebro, we may scek from the departments at Albany, Clinton, Cochran, Daly, Develin, Eddy, Endress, and the State library, will overbalance any beneField, Flagler, Folger, Frank, Fullerton, Goodrich, fit which may be derived from the change. I Grant, Graves, Hardenburgh, Hatch, Hitchman, have heard no complaint from any gentlemen on Huntington, Jarvis, Ketcham, Landon, Larremore, this floor, so far, of any inconvenience; we are all A. Lawrence, M. H. Lawrence, Livingston, Low- well located here, and I think it is hardly worth rey, Magee, Masten, Mattice, McDonald, Monell, while to go to Saratoga. I do not suppose that More, Nelson, Opdyke, Pond, Prindle, Prosser, any considerable number would even think of Reynolds, Robertson, Rogers, Rolfe, A. D. Russell, going to the city of New York, for, as I understand Seymour, Sheldon, Sherman, Stratton, Tappen, it. even a majority of the delegates from New S. Townsend, Tucker, Van Cott, Veeder, Ver-York city are desirous to go to Saratoga and not planck, Wakeman, Weed, Williams, Young-69. to New York city, and I do not suppose the The PRESIDENT announced the question to be on the motion to reconsider the vote by which the original resolution was postponed. amendment was seriously entertained, as I judge from the remarks of the gentleman who offered it [Mr. Develin], he himself is in favor of going to Saratoga, and it is natural that the residents of New York should desire to go to these watering places Mr. MERRITT-I do not desire to make any extended remarks, but as I had the honor of making the motion for indefinite postponement, I desire to state, that it was not with any purpose of Mr. BARKER - Can the gentleman inform the showing any díscourtesy to the gentleman who Convention when the races will begin at Saratoga? moved the resolution. It is very clear to me that Mr. MERRITT-I shall leave that to those this Convention, may as well understand now, who desire to go there. I repeat again, there and determine whether they wish to change the can be only one or two purposes in this resoseat of this Convention from Albany to Saratoga. lution. One is to raise a committee for the purWe do not need a committee to inform us of the pose of reporting on the condition of things at facilities at Saratoga for holding sessions, or of the Saratoga. Of course that would be a good adverconvenience which we shall experience if we tisement, but I am opposed to making that advertisechange the location of the Convention to Saratoga,ment an official document of this Convention. If I supposed that a majority of this Convention seri-, to take place at Saratoga. We have been disously entertained the idea of going to Saratoga. and cussing the question of races for several days, really desired to get information, as to whether we and I think if we have an adjournment to Saracould sit there more profitably, and shorten the session of this Convention, I should treat it in a different light, but I believe a majority of the Convention are opposed to going away from Albany and from our duty. One-half of what we call the heated term is already gone, and in a few weeks more we shall come to September, and then we shall suffer no inconvenience. I hope the vote will be taken on the merits of the question, and we shall allow no question of courtesy or discour tesy to come in. could be properly carried on. Again, sir, I think it is inexpedient that this Convention should become a migratory body. I think the question should be settled whether we are to be a traveling organization, or whether we are to be considered toga it may involve a second consideration of races, and this may indefinitely prolong the sessions of the Convention. And again, I think it is inexpedient, because time will inevitably be wasted in preparing suitably for the sessions of this Convention at any building in Saratoga which may be large enough for our reception. I admit all that has been said by the gentleman from New York [Mr. Develin] with respect to the public spirit of persons in Saratoga, who have offered the use of the Opera House there for the sessions Mr. TAPPEN-There are reasons why this of the Convention. But I believe, with all due motion should be reconsidered, and the chief rea- deference to their public spiritedness, that the son is that the Convention may come to a direct building would not be equally adapted to the vote on the question. There are also other rea- sessions of this Convention and for the transacsons, why it should be reconsidered. If I remem- tion of its business as the Capitol. We ber right the history of Saratoga, it is classic have here all the facilities for conducting ground, it is the site of great revolutionary strug. our business, and there it would take gles. More than that, it is the seat of learning, some time to arrange the building so that business and it is the resort for the intellect, the wealth and the society of the State during this present season. It is a place where this Convention would have an admiring and appreciative audience at all times; it is a place where we shall meet the men of this State, who, because of their a body occupied in discussing constitutional quesrenown and intellect, are the gentlemen with tions, and framing a Constitution for the State. whom the members of this Convention may What will become of our reputation among the desire to consult upon the subject of their people of the State who have chosen us to transdeliberations. By voting to raise this committee, act this important business, if we authorize a we do not decide, that we will go to Saratoga, committee to consider the propriety of adjourning but we merely give the gentlemen who contend, to Saratoga. They will consider that we are that this removal is most advantageous, an op- more devoted to our own comfort, and to considerportunity of reporting on that subject. One of the ing questions of pleasure excursions throughout most eminent members of this Convention, says the State, than for the transaction of the importhat New York would be the proper place to close tant business with which they have intrusted us. the labors of this Convention, late in the season I hope this Convention will not render itself liable and perhaps he is right. I am not going to say to the imputation of becoming a migratory that Albany is not the proper place to commence body. But, sir, if this resolution is to be our labors, where we can get all our documents adopted, and this Convention is to be carand papers, and Saratoga is the place to study them. I think, sir, we might do twice as much labor in one day in that place as we have done yet in our daily sessions in the city of Albany. Beside, sir, I am informed that Gen. Grant is to be there, and as he is to be the next President of the United States, it is eminently fit and proper for this Convention to go there. I can conceive of no stronger argument for the political majority, that I am aware of at the present time. The atmosphere and the conveniences of that place are particularly favorable to studying aud to the performance of the peculiar duties this Convention has met to perform. I trust that the advocates of this removal will be allowed a fair chance by their committee to have this subject favorably reported on. In regard to the proposed house up there, I can say to the Convention from actual observation for the period of a few hours, I am inclined to think it will answer. ried about for the observation and for the satisfaction of the people of the State, to be exhibited to them, I am not willing that it should be confined to Saratoga and New York. I wish the inhabitants of the western part of the State-of Niagara Falls-should have the opportunity of seeing this Convention. I wish the inhabitants of the sea coast to have the opportunity, and the inhabitants of my own county, and I propose that we also go to Lebanon Springs. If this body is to become a traveling organization I think it should be exhibited to the people of every part of the State of New York. And I wish that my own constituents of the county of Columbia should also have an opportunity of observing the deliberations of so distinguished a body as the Constitutional Convention of the State of New York. Mr. KETCHAM-I was a little surprised, sir, the other day, at the motion to postpone this resolution. It seemed to me that common courtesy Mr. SILVESTER-Without intending to be to the gentlemen from Saratoga, who have so discourteous at all to the gentleman who intro- liberally offered the Convention the use of a duced this resolution, I think that the considera- building there, demanded we should appoint a tion or adoption of it will be inexpedient, and the committee. No man who views the proposed first reason that suggests itself to my mind, is the room there, can fail to see that it is better question which was asked by the gentleman from adapted to the business of this Convention, Chautauqua [Mr.Barker], as to when the races were than this room. And there are other rea Mr. MERRITT-I intended by my remarks to intimate that whatever has been said in the papers is very favorable to Saratoga. It was put forth in their interests, and the proprietor of one of the hotels forwarded a circular to many members of this Convention, setting forth the reasons why we should go to Saratoga. sons and considerations besides the one of courtesy, which it seems to me should have prompted this Convention to appoint the committee. Those of us who were in the habit of seeing and hearing persons who have been in former legislatures, recollect their almost daily complaint of the internal inconvenience of this room. That there were no Committee rooms Mr. POND-I did not misunderstand the gen. and they could not make any, that it was in- tleman. I know very well the newspapers have complete, dark and unhealthy; and later mem-represented this proposition, and have represented bers of the Assembly assert it to be indispen- it favorably, but I was not aware until it was sable that some better accommodations should be announced by the gentleman from St. Lawrence provided for one hundred and twenty-eight men, [Mr. Merritt] that that was a sufficient basis upon as sitting in this room during the cool and bracing which this Convention should act. On the conair of mid winter subjected members to disease trary, I supposed that they would be acting a and danger consequent upon their daily meetings little more like a menagerie if they should here. It seems to me, sir, for that reason we adopt the suggestion of the gentleman from St. should gladly avail ourselves of an opportunity of Lawrence [Mr. Merritt], and base official action appointing a committee to ascertain whether the conveniences of meeting at Saratoga are not greater and better than here. From personal observation I am satisfied they are. From personal observation I know we may have a room there much more eligible than this one for the use of the Convention, we can have surrounding committee rooms, and the proprietor of the Opera House offers to prepare it for our daily sessions at any time, on two days' notice, with desks and all. With regard to the idea, that we shall bring our selves into disrepute, and endanger the adoption of any Constitution we may make, by the people. I have too much faith in the good sense of my constituents to believe they would reject a Constitution because of the particular place where it was adopted. I think they have too much good com- Convention, there is no place in Saratoga fit mon sense to reject any Constitution that I helped to frame while I was enjoying good health. If I thought they would reject a Constitution because I did not sacrifice my health in framing it, I would go home and stay there. I have no fears, sir, that the Constitution will be rejected, because it shall happen to be adopted in Saratoga instead of the city of Albany. upon what they saw in the newspapers, and on a private communication from one of the hotel owners in Saratoga, sent to several members of this Convention. Although, sir, I may happen to know that the reasons given in the newspapers are true; although may happen to know that the statement of the proprietor of the hotel is correct; I sir, for one, think it would be entirely improper for the members of this Convention, or the Convention itself to act upon that suggestion and go to Saratoga. The gentleman from Columbia [Mr. Silvester] answered the gentleman from St. Lawrence [Mr. Merritt]; he says, notwithstanding the truthful statement of newspapers in this regard, and notwithstanding what this private. circular may have stated to the members of this for the meeting of this Convention. Very well. It may be true as the gentleman from Columbia asserts; or it may be true as the newspapers have asserted; but what is the proper mode of ascertaining these facts by a Convention of gentlemen such as are assembled here? Why, the legitimate mode and proper mode is by the appointment of a committee; and I would not ask the gentlemen of this Convention to act upon any statement of mine in regard to the facilities which Saratoga has for facilitating the business of this Convention. I have not the assurance to do it. Mr. POND-It seems to me that the gentlemen who oppose this motion to reconsider, in some respects answer each other. The gentleman from St. Lawrence [Mr. Merritt], suggests that there is no necessity for the appointment of a committee Mr. MERRITT-I would like to ask the gensuch as is contemplated by the resolution, the tleman [Mr. Pond] whether he has suffered any reconsideration of which has been moved. He inconvenience here, except coming to this placesays that the Convention must know all the or whether the public business up to the present circumstances bearing upon the question, because time has suffered in any way in consequence of the newspapers have contained the information. holding our sessions in this Capitol. Well, sir, I know that whatever a man finds in the Mr. POND. No, sir; I can answer the gentlenewspapers must be true; and in that respect I man [Mr. Merritt] by saying that I have not been agree with the gentleman from St. Lawrence [Mr. incommoded because I have adjourned to Saratoga Merritt]. But there are a great many members every night since the sessions of this Convention of this Couvention who think that sometimes have commenced, and therefore, I have had a statements get into the newspapers that are not partial advantage of gentlemen who have reentirely true. They probably labor under error, mained here. I have been informed that the and the gentleman from St. Lawrence is entirely water in Albany is bad; I can assure the gentlecorrect, that whatever is published in newspapers man that the water in Saratoga is very good, and is correct and safe, so that the Convention they will find there every variety to satisfy the may rely upon it and base its action there- temperament and constitution of gentlemen here, upon. But there are several gentlemen not on both and all sides of the question of races. so intelligent as the gentleman from St. Lawrence [Laughter.] I assume, therefore, that upon this [Mr. Merritt] who have not relied upon what subject it is proper, before final action is had, a they found in the newspapers, and do not think it committee should be appointed; that that is the entirely reliable. legitimate, the ordinary and parliamentary way, notwithstanding the weighty suggestion of my dotting of "i's" and the crossing of "t's." It is friend from St. Lawrence [Mr. Merritt] who says manifest to every one who reads the law that it that because the newspapers have said so and so, was placed there to allow the Convention to we may as well go to Saratoga without waiting for adjourn to another point elsewhere, and it is a committee to ascertain the facts. I suppose not common sense upon any other hypothesis or that the merits of the question upon this motion construction. It being there originally, and to reconsider, are not fairly before the Convention. contemplating that a contingency might arise It is enough, in order to have this committee when it was proper for this Convention to go appointed, to know there are many gentlemen in to Saratoga, and it being evidently the opinion this Convention who are favorable to this proposi- of a large number of the members of this tion, without any considerations of "respect Convention that our sessions might be held for the gentleman from Saratoga," requiring there profitably to the health of the members the appointment of this Committee. If it of the Convention, and profitably to the Conbe ascertained, as I am informed it has been stitution which it is proposed to frame here, and ascertained, by the votes taken on the original thinking also that the sessions there will facilitate proposition and by the votes taken on the motion the business of this Conventionto lay upon the table, that there are a large number Mr. MERRITT-I think the gentleman misof the members of this Convention who are represents the intent of the Legislature, for the favorable to this proposition, I say then it is reason that they provided for fitting up this proper, without ridicule, without converting the chamber for the use of the Convention. Secondly, members of this Convention into a "traveling they provided that Congress Hall should not be menagerie," to appoint a committee in order removed until after the sessions of this Convento inquire into this question and make a re- tion. They expected its sessions would be held port, and when the report has come in, our final here; but it was thought at the time that peraction may be based upon it. Some gentleman haps Tweddle Hall or some other room in this has suggested that if we appoint this committee city would be more convenient to the members, to inquire into the expediency of our going to Sar- and I know with that view some of the State offiatoga-if we receive a favorable report from that cers took into consideration the propriety of rentcommittee, and it is adopted, there will be danger ing Tweddle Hall for the sittings of this Conventhat the people will mistake this body for tion, and after an examination they thought that a "traveling menagerie. " So far as the sugges-this Chamber would answer all the conditions tion of the gentleman is concerned, perhaps it is not right to say that the people have not a right to give this body what character they choose; but I am not afraid, for one, that any member of this Mr. POND-I understand that the gentleman Convention will be taken for an animal belong- [Mr. Merritt], holds a public office here, and it ing to a menagerie, unless the evidence of the will be convenient for him to remain here. When sense of sight forces gentlemen to come to that the Convention goes up to Saratoga we will let conclusion; and for one, I do not apprehend him come back and stay in Albany if he desires it. that any member will be in danger of any Mr. President, I will draw my remarks to a close such conclusion being drawn. I do not think, after a while if I am permitted to. I say that it Mr. President, that the manner in which being manifest that the law was intended to allow this proposition has been treated is a fair one. the sessions of the Convention to be held at Saratoga The Legislature when they passed this law, evi- or elsewhere, and it being deemed expedient by the dently had in view this very proposition. They Convention or by a large number of its members to did not deem it desirable to the Convention nor hold a session there, it is but right and proper, withto the people of the State which they represent, out raising any question of courtesy, that the sugto put into the law a section or clause authorizing gestions of those gentlemen be answered, by the this specific thing. They did not anticipate the appointment of a committee to examine into what manner in which this proposition would be way these very questions that have been sugattempted to be defeated. They did not think gested by gentlemen whether Saratoga Springs of putting a clause into the law giving this furnishes a good place for the sittings of this Convention power to go to Saratoga. There Convention, where the business may be facilitated, have been a great many questions before the Convention as I have already said Mr. VAN CAMPEN-Will the gentleman [Mr. Pond] give way for a moment, while I correct him. Mr. POND-Certainly. required. Whatever construction may be put on the law we should hold our sessions in this city and not out of it. and where the health of the members may be consulted better than here, and also where the business of this Convention may be better performed than at this place. Mr. DUGANNE-I yield to no man upon the floor of this Convention in desiring to extend propMr. VAN CAMPEN- The law provides as er courtesy on proper occasions to every delegate distinctly as possible against our going away from here; but I apprehend that courtesy and respect here. It says that "after the said Convention has are also due to the people of this State, who sent met and organized, it shall have power to ad- us here to perform our business as business men, journ to and hold its meetings at any other and not to be diverted from our duty by any place than the Assembly Chamber at the Capitol." temptations which are unworthy of business men. Mr. POND-I understand some learned gentle- If I did not look upon this whole matter of the men have looked over that statute, and that they movement to adjourn to Saratoga, in a more find it prohibits the very thing it manifestly au- serious light than some of the gentlemen appear to thorizes. I do not pay much attention to the do, I should stigmatize it as a farce, and beneath |